Common use of Building Services and Utilities Clause in Contracts

Building Services and Utilities. Landlord agrees to furnish, at its sole cost and expense to the extent of the Operating Expense Base as defined in Article 3.3, to the Leased premises heat and air conditioning (reserving the right, at any time, to change energy sources) sufficient to maintain the Leased Premises at comfortable temperature (in accordance, however, with applicable governmental guidelines or regulations relating to such temperatures, hours of operation and the like), during such hours of the day and days of the year that the Building is normally open. The Building is open 7:00 A.M. to 6:00 P.M. Monday through Friday and 8:00 A.M. to 12:00 P.M. on Saturday, holidays excepted. Tenant agrees to cooperate with Landlord and to abide by all Building regulations which Landlord may, from time to time, prescribe for the proper functioning and protection of any heating and air conditioning systems and in order to maximize the effect thereof. Notwithstanding anything to the contrary set forth in this Article IV or otherwise in the Lease, Landlord may institute such policies, programs and measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services, or as may be necessary or required to comply with applicable codes, rules, regulations or standards. Landlord agrees to furnish, at its sole cost and expense to the extent of the Operating Expense Base as defined in Article 3.3, to the Leased Premises hot and cold water for ordinary drinking, cleaning, lavatory and toilet facilities. Landlord agrees to cause the Leased Premises to be kept clean, at its sole cost and expense to the extent of the Operating Expense Base as defined in Article 3.3, (provided the same are kept in order and are properly maintained by Tenant) in accordance with the cleaning and janitorial standards for the Building including, at least, nightly cleaning and vacuuming of leased premises, common areas, lavatories and nightly emptying of trash and semi- annually washing windows inside and outside. Landlord, in its sole discretion, will either (i) furnish 120 volt electric current to the Leased Premises for normal business office purposes (exclusive, however, of Tenant's electrical needs for computers and similar equipment having special power or environmental requirements), charging the Tenant's Electricity Charge for such service, such charges to be paid by Tenant in equal monthly installment without set off or deduction (and without reduction in the event Tenant elects to occupy less than the entire Leased Premises or occupies the Leased Premises for shorter periods than the Leased Premises are made available hereunder) in the same day in each month that rental payments are due and payable hereunder (Landlord reserving, however, the right from time to time, and at Landlord's sole discretion, to increase the Tenant's Electricity Charge to reflect the actual costs per square foot from time to time for such electricity), or (ii) may elect to cause electricity furnished to the Leased Premises to be separately metered, in which event all charges for electricity consumed on the Leased Premises will be billed directly to, and paid by, Tenant. Landlord and Tenant agree that the current Tenant's Electricity Charge is equal to $.85 per rentable square foot per year. Said Tenant's electricity charge shall remain fixed for year one of the lease Term and thereafter any increase to be proportionate to other Tenant's increase, if any. Landlord shall furnish and install the bulbs required within the Leased Premises, at its sole cost and expense to the extent of the Operating Expense Base as defined in Article 3.3. Landlord shall be under no responsibility or liability for failure or interruption of any of the above described services, including utilities, repairs or replacements caused by breakage, accident, strikes, repairs, inability to obtain supplies, labor or materials, or for any other causes beyond the reasonable control of the Landlord, nor in any event for any indirect or consequential damages but Landlord acknowledges an affirmative obligation to utilize best efforts to remedy the problem and provide such services; utilities, repairs and replacements and to effect a reasonable remedy within a reasonable period of time; and failure or omission the part of the Landlord to furnish any of same shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. Landlord reserves the right to temporarily interrupt, curtail, stop or suspend the furnishing of heating, air conditioning, or the operation of such systems, when necessary by reason of unforeseen accident or emergency, or for repairs.

Building Services and Utilities. (a) Landlord agrees to furnish, shall at its sole cost and expense expense, furnish to the extent Premises reasonable quantities of the Operating Expense Base as defined in Article 3.3heating, to the Leased premises heat ventilation and air conditioning during and after “Business Hours” (reserving hereafter defined) on “Business Days” and non-Business Days (hereafter defined) through the rightBuilding heating ventilation and air-conditioning systems (the “HVAC Systems”). Heating, ventilation and air conditioning shall be provided by the Landlord to Tenant at no cost to Tenant twenty four hours a day, seven day per week and 365 days per year. For purposes of this Section 6 only, “Business Hours” shall mean the hours of 8:00 a.m. through 6:00 p.m. Monday-Friday and the hours 8:00 a.m. through 1:00 p.m. on Saturday, and “Business Days” shall mean all days, excluding Sundays and all days observed as legal holidays by the State of New Jersey. Non-Business Days and After Business Hours shall mean all other times and days without limitation. Landlord shall make have available at the Premises electric service, city water for ordinary lavatory and cleaning purposes, sanitary sewer, storm sewer, steam, chilled water, compressed air and natural gas, which costs are included in Common Expense Costs (collectively, the “Utilities”). Landlord shall provide service elevator service during Business Hours on Business Days. Tenant shall provide for all cleaning and extermination services required by Tenant, and shall furnish, install and replace all lighting tubes, lamps, bulbs and ballasts required by Tenant during the Term, at Tenant’s sole cost and expense. Tenant shall be solely responsible for the replacement, repair and maintenance of any utility equipment within the Premises that only services the Premises. Landlord and Tenant acknowledge and agree that on the Effective Date there are no systems within the Premises that only service the Premises. Tenant’s use of electrical energy and any other utility in the Premises shall not, at any time, to change energy sourcesexceed the capacity of either or both of (x) sufficient to maintain the Leased Premises at comfortable temperature (in accordance, however, with applicable governmental guidelines or regulations relating to such temperatures, hours of operation and the like), during such hours any of the day electrical or any other utility equipment in or otherwise servicing the Premises; and days (y) the HVAC Systems of the year that Premises. Landlord reserves the Building is normally open. The Building is open 7:00 A.M. right, without any liability to 6:00 P.M. Monday through Friday Tenant and 8:00 A.M. without affecting Tenant’s covenants and obligations hereunder, to 12:00 P.M. on Saturday, holidays excepted. Tenant agrees to cooperate with Landlord and to abide by all Building regulations which Landlord may, from time to time, prescribe for the proper functioning and protection stop service of any heating or all of the HVAC, electric, sanitary, and air conditioning other systems and in order serving the Premises, or to maximize the effect thereof. Notwithstanding anything to the contrary set forth in stop any other services required by Landlord under this Article IV or otherwise in the Lease, Landlord may institute such policies, programs whenever and measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services, or so long as may be necessary or required to comply with applicable codes, rules, regulations or standards. Landlord agrees to furnish, at its sole cost and expense to the extent by reason of the Operating Expense Base as defined in Article 3.3, to the Leased Premises hot and cold water for ordinary drinking, cleaning, lavatory and toilet facilities. Landlord agrees to cause the Leased Premises to be kept clean, at its sole cost and expense to the extent of the Operating Expense Base as defined in Article 3.3, (provided the same are kept in order and are properly maintained by Tenant) in accordance with the cleaning and janitorial standards for the Building including, at least, nightly cleaning and vacuuming of leased premises, common areas, lavatories and nightly emptying of trash and semi- annually washing windows inside and outside. Landlord, in its sole discretion, will either (i) furnish 120 volt electric current to accidents, emergencies, strikes, or the Leased Premises for normal business office purposes (exclusive, however, making of Tenant's electrical needs for computers and similar equipment having special power repairs or environmental requirements), charging the Tenant's Electricity Charge for such service, such charges to be paid by Tenant changes which Landlord deems necessary in equal monthly installment without set off or deduction (and without reduction in the event Tenant elects to occupy less than the entire Leased Premises or occupies the Leased Premises for shorter periods than the Leased Premises are made available hereunder) in the same day in each month that rental payments are due and payable hereunder (Landlord reserving, however, the right from time to time, and at Landlord's sole discretion, to increase the Tenant's Electricity Charge to reflect the actual costs per square foot from time to time for such electricity), its reasonable discretion or (ii) may elect any other cause beyond Landlord’s reasonable control; provided Landlord shall use commercially reasonable efforts to cause electricity furnished to the Leased Premises to be separately metered, in which event all charges for electricity consumed on the Leased Premises will be billed directly to, minimize interference with Tenant’s use and paid by, Tenant. Landlord and Tenant agree that the current Tenant's Electricity Charge is equal to $.85 per rentable square foot per year. Said Tenant's electricity charge shall remain fixed for year one occupancy of the lease Term and thereafter any increase to be proportionate to other Tenant's increase, if anyPremises. Landlord shall furnish and install the bulbs required within the Leased Premises, at its sole cost and expense not be liable to the extent of the Operating Expense Base as defined Tenant for interference in Article 3.3. Landlord shall be under no responsibility or liability for failure or interruption of or any of the above described utility or other services, including utilitiesnor shall any curtailment or interruption constitute a constructive eviction or grounds for rental abatement in whole or in part hereunder, repairs or replacements caused by breakage, accident, strikes, repairs, inability to obtain supplies, labor or materials, or for any other causes beyond the reasonable control of the Landlord, nor except as otherwise expressly provided in any event for any indirect or consequential damages but Landlord acknowledges an affirmative obligation to utilize best efforts to remedy the problem and provide such services; utilities, repairs and replacements and to effect a reasonable remedy within a reasonable period of time; and failure or omission the part of the Landlord to furnish any of same shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. Landlord reserves the right to temporarily interrupt, curtail, stop or suspend the furnishing of heating, air conditioning, or the operation of such systems, when necessary by reason of unforeseen accident or emergency, or for repairsSection 6(b) below.

Building Services and Utilities. Landlord agrees to furnish, shall at its sole cost and expense expense, furnish to the extent Premises reasonable quantities of the Operating Expense Base as defined in Article 3.3heating, to the Leased premises heat ventilation and air conditioning during and after “Business Hours” (reserving hereafter defined) on “Business Days” and non-Business Days (hereafter defined) through the rightBuilding heating ventilation and air-conditioning systems (the “HVAC Systems”). It is the intent of the parties that all services and utilities set forth in this Section 6 to be provided by Landlord shall be provided by the Landlord to Tenant at no cost to Tenant (other than the payment of Common Expense Rent) twenty four hours a day, seven day per week and 365 days per year, except as otherwise expressly provided in this Section 6. For purposes of this Lease, (i) “Business Hours” shall mean the hours of 8:00 a.m. through 6:00 p.m. Monday-Friday and the hours 8:00 a.m. through 1:00 p.m. on Saturday, and (ii) “Business Days” shall mean all days, excluding Sundays and all days observed as legal holidays by the State of New Jersey. Non-Business Days and After Business Hours shall mean all other times and days without limitation. Landlord shall make available at the Premises electric service, city water for ordinary lavatory and cleaning purposes, sanitary sewer, storm sewer, steam (for Building heating equipment only), chilled water (for Building ventilation and air-conditioning equipment only), compressed air and natural gas, which costs are included in Common Expense Costs (collectively, the “Utilities”). Landlord shall provide service elevator service during Business Hours on Business Days. Landlord shall provide passenger elevator service. Landlord shall provide for gated access to the Project with a security guard on duty twenty four hours a day, seven day per week and 365 days per year. Tenant shall provide for all cleaning and extermination services required by Tenant, and shall furnish, install and replace all lighting tubes, lamps, bulbs and ballasts required by Tenant during the Term, at Tenant’s sole cost and expense. Tenant shall be solely responsible for the replacement, repair and maintenance of any utility equipment within the Premises that only services the Premises. Tenant’s use of electrical energy and any other utility in the Premises shall not, at any time, to change energy sourcesexceed the capacity of either or both of (x) sufficient to maintain the Leased Premises at comfortable temperature (in accordance, however, with applicable governmental guidelines or regulations relating to such temperatures, hours of operation and the like), during such hours any of the day electrical or any other utility equipment in or otherwise servicing the Premises; and days (y) the HVAC Systems of the year that Premises. Landlord reserves the Building is normally open. The Building is open 7:00 A.M. right, without any liability to 6:00 P.M. Monday through Friday Tenant and 8:00 A.M. without affecting Tenant’s covenants and obligations hereunder, to 12:00 P.M. on Saturday, holidays excepted. Tenant agrees to cooperate with Landlord and to abide by all Building regulations which Landlord may, from time to time, prescribe for the proper functioning and protection stop service of any heating or all of the HVAC, electric, sanitary, and air conditioning other systems and in order serving the Premises, or to maximize the effect thereof. Notwithstanding anything to the contrary set forth in stop any other services required by Landlord under this Article IV or otherwise in the Lease, Landlord may institute such policies, programs whenever and measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services, or so long as may be necessary or required to comply with applicable codes, rules, regulations or standards. Landlord agrees to furnish, at its sole cost and expense to the extent by reason of the Operating Expense Base as defined in Article 3.3, to the Leased Premises hot and cold water for ordinary drinking, cleaning, lavatory and toilet facilities. Landlord agrees to cause the Leased Premises to be kept clean, at its sole cost and expense to the extent of the Operating Expense Base as defined in Article 3.3, (provided the same are kept in order and are properly maintained by Tenant) in accordance with the cleaning and janitorial standards for the Building including, at least, nightly cleaning and vacuuming of leased premises, common areas, lavatories and nightly emptying of trash and semi- annually washing windows inside and outside. Landlord, in its sole discretion, will either (i) furnish 120 volt electric current to accidents, emergencies, strikes, or the Leased Premises for normal business office purposes (exclusive, however, making of Tenant's electrical needs for computers and similar equipment having special power repairs or environmental requirements), charging the Tenant's Electricity Charge for such service, such charges to be paid by Tenant changes which Landlord deems necessary in equal monthly installment without set off or deduction (and without reduction in the event Tenant elects to occupy less than the entire Leased Premises or occupies the Leased Premises for shorter periods than the Leased Premises are made available hereunder) in the same day in each month that rental payments are due and payable hereunder (Landlord reserving, however, the right from time to time, and at Landlord's sole discretion, to increase the Tenant's Electricity Charge to reflect the actual costs per square foot from time to time for such electricity), its reasonable discretion or (ii) may elect any other cause beyond Landlord’s reasonable control; provided Landlord shall use commercially reasonable efforts to cause electricity furnished to the Leased Premises to be separately metered, in which event all charges for electricity consumed on the Leased Premises will be billed directly to, minimize interference with Tenant’s use and paid by, Tenant. Landlord and Tenant agree that the current Tenant's Electricity Charge is equal to $.85 per rentable square foot per year. Said Tenant's electricity charge shall remain fixed for year one occupancy of the lease Term and thereafter any increase to be proportionate to other Tenant's increase, if anyPremises. Landlord shall furnish and install the bulbs required within the Leased Premises, at its sole cost and expense not be liable to the extent of the Operating Expense Base as defined Tenant for interference in Article 3.3. Landlord shall be under no responsibility or liability for failure or interruption of or any of the above described servicesutility or other services beyond Landlord’s reasonable control, including utilities, repairs nor shall any curtailment or replacements caused by breakage, accident, strikes, repairs, inability to obtain supplies, labor or materials, or for any other causes interruption beyond the Landlord’s reasonable control of the Landlord, nor constitute a constructive eviction or grounds for rental abatement in any event for any indirect whole or consequential damages but Landlord acknowledges an affirmative obligation to utilize best efforts to remedy the problem and provide such services; utilities, repairs and replacements and to effect a reasonable remedy within a reasonable period of time; and failure or omission the in part of the Landlord to furnish any of same shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. Landlord reserves the right to temporarily interrupt, curtail, stop or suspend the furnishing of heating, air conditioning, or the operation of such systems, when necessary by reason of unforeseen accident or emergency, or for repairshereunder.

Building Services and Utilities. (i) Landlord agrees shall furnish to furnishthe Building and the Premises reasonable quantities of heating, ventilation and air conditioning through the office areas of the Premises heating ventilation and air-conditioning systems (the “HVAC Systems”) adequate to cool the Premises and heat sufficient to keep the Premises warm and to maintain indoor conditions measured at its sole cost 72 degrees during the summer and expense winter with a variance of +/- 3 degrees. Landlord shall provide the HVAC Air Standards to the existing lab space. Landlord shall provide heating, ventilation and air conditioning to Tenant twenty four (24) hours a day, seven (7) days per week and 365 days per year. For purposes of this Lease, (i) “Business Hours” shall mean the hours of 8:00 a.m. through 6:00 p.m. Monday-Friday and the hours 8:00 a.m. through 1:00 p.m. on Saturday, and (ii) “Business Days” shall mean all days, excluding Saturdays and Sundays and all days observed as legal holidays by the State of New Jersey. Landlord shall furnish the Premises with electric current and service, water for drinking, lavatory and cleaning purposes, sanitary sewer, storm sewer, steam, chilled water, deionized water, compressed air, natural gas, and 180 degrees HVAC water, which costs, to the extent of the Operating Expense Base as defined in Article 3.3, not otherwise paid by Tenant pursuant to the Leased premises heat and air conditioning terms of this Lease, are included in the Common Expense Costs (reserving collectively, the right“Utilities”). Notwithstanding the preceding, at any time, to change energy sourcesTenant shall pay Landlord directly for the following Utilities (collectively the “Invoiced Utilities”) sufficient to maintain utilized in the Leased Premises at comfortable temperature (in accordance, however, with applicable governmental guidelines or regulations relating to such temperatures, hours of operation and the like)same shall not be included in Common Expense Costs: electricity, during such hours natural gas, deionized water, water, and steam, which will be measured and charged pursuant to the methods and standards set forth on Exhibit “N”. For the avoidance of doubt, Tenant shall not be permitted to purchase electricity, steam or natural gas to service the day and days of the year that the Building is normally open. The Building is open 7:00 A.M. to 6:00 P.M. Monday through Friday and 8:00 A.M. to 12:00 P.M. on Saturday, holidays exceptedPremises from a third-party provider. Tenant agrees to cooperate with Landlord and to abide by all Building regulations which Landlord mayshall, from time to time, prescribe pay Landlord the charges for any Invoiced Utilities within thirty (30) days after Landlord presents a b▇▇▇ therefore, provided such charges shall include no m▇▇▇-up beyond the tariff rates set forth on Exhibit “N”. Landlord shall provide nightly cleaning and janitorial services on Business Days including Saturdays, for the proper functioning all Building Common Areas and protection shall furnish, install and replace all lighting tubes, lamps, bulbs and ballasts as same shall be required in such areas during the Term, which costs are included in the Common Expense Costs. Landlord shall provide passenger and service elevator service twenty-four (24) hours a day, seven (7) days per week and 365 days per year. Tenant shall provide for all cleaning and extermination services for the Premises, from whoever Tenant shall choose to hire, required by Tenant in the Premises and shall furnish, install and replace all lighting tubes, lamps, bulbs and ballasts required by Tenant in the Premises during the Term, at Tenant’s sole cost and expense. Except for Landlord’s obligation to deliver the Premises in the Delivery Condition, Tenant shall be solely responsible for the replacement, repair and maintenance of any heating utility equipment located within the Premises that only services the Premises. Landlord acknowledges that as of the Effective Date, all systems including, but not limited to electrical, plumbing and air conditioning HVAC systems serving the Premises other than certain aspects of the electrical system are common and no systems currently only serve the Premises. Tenant’s use of electrical energy and any other utility in order to maximize the effect thereof. Notwithstanding anything to Premises shall not, at any time, exceed the contrary set forth capacity of either or both of (x) any of the electrical or any other utility equipment in this Article IV or otherwise in servicing the LeasePremises; and (y) the HVAC systems of the Premises provided the capacity is at least that of comparable Class A buildings similarly located and provides the HVAC Air Standards. Landlord reserves the right, Landlord may institute such policieswithout any liability to Tenant and without affecting Tenant’s covenants and obligations hereunder, programs to stop service of any or all of the HVAC, electric, sanitary, and measures as may be necessary, required or expedient for other systems serving the conservation or preservation of energy or energy servicesPremises, or to stop any other services required by Landlord under this Lease (collectively, a “Provided Service Stoppage”), whenever and for so long as may be necessary by reason of (I) accidents, emergencies, strikes, or the making of repairs or changes which Landlord deems reasonably necessary or (II) any other cause beyond Landlord’s reasonable control. Except when a Provided Service Stoppage is required as a result of an emergency or other event which is not reasonably foreseeable, Landlord shall (A) provide Tenant not less than seventy-two (72) hours’ notice (which may be oral) before any Provided Service Stoppage, (B) cause any Provided Service Stoppage to comply with applicable codestake place in non-Business Hours to the extent reasonably practicable and (C) in the event Landlord learns that any Provided Service Stoppage which was to take place during non-Business Hours will extend into Business Hours, rules, regulations or standardsto promptly notify Tenant of same. Landlord agrees shall not be liable to furnishTenant for interference in or interruption or any utility or other services, nor shall any curtailment or interruption constitute a constructive eviction or grounds for rental abatement in whole or in part hereunder, except as otherwise expressly provided in Section 6(b) below. Notwithstanding anything in Section 7(a) to the contrary, if required by Tenant’s use, Tenant shall be permitted, with Landlord’s reasonable approval, to increase the capacity of the two 2500lb passenger elevators serving the annex portion of the Building. Such work shall be performed by Tenant and at its Tenant’s sole cost and expense and pursuant to the extent terms of the Operating Expense Base as defined in Article 3.3, to the Leased Premises hot and cold water for ordinary drinking, cleaning, lavatory and toilet facilities. Landlord agrees to cause the Leased Premises to be kept clean, at its sole cost and expense to the extent of the Operating Expense Base as defined in Article 3.3, this Lease (provided the same are kept in order and are properly maintained by Tenant) in accordance with the cleaning and janitorial standards for the Building including, at least, nightly cleaning and vacuuming of leased premises, common areas, lavatories and nightly emptying of trash and semi- annually washing windows inside and outside. Landlord, in its sole discretion, will either (i) furnish 120 volt electric current to the Leased Premises for normal business office purposes (exclusive, however, of Tenant's electrical needs for computers and similar equipment having special power or environmental requirements), charging the Tenant's Electricity Charge for such service, such charges to be paid by Tenant in equal monthly installment without set off or deduction (and without reduction in the event Tenant elects to occupy less than the entire Leased Premises or occupies the Leased Premises for shorter periods than the Leased Premises are made available hereunder) in the same day in each month that rental payments are due and payable hereunder (Landlord reserving, however, the right from time to time, and at Landlord's sole discretion, to increase the Tenant's Electricity Charge to reflect the actual costs per square foot from time to time for such electricity), or (ii) may elect to cause electricity furnished to the Leased Premises to be separately metered, in which event all charges for electricity consumed on the Leased Premises will be billed directly but not limited to, and paid by, Tenant. Landlord and Tenant agree that the current Tenant's Electricity Charge is equal to $.85 per rentable square foot per year. Said Tenant's electricity charge shall remain fixed for year one of the lease Term and thereafter any increase to be proportionate to other Tenant's increase, if any. Landlord shall furnish and install the bulbs required within the Leased Premises, at its sole cost and expense to the extent of the Operating Expense Base as defined in Article 3.3. Landlord shall be under no responsibility or liability for failure or interruption of any of the above described services, including utilities, repairs or replacements caused by breakage, accident, strikes, repairs, inability to obtain supplies, labor or materials, or for any other causes beyond the reasonable control of the Landlord, nor in any event for any indirect or consequential damages but Landlord acknowledges an affirmative obligation to utilize best efforts to remedy the problem and provide such services; utilities, repairs and replacements and to effect a reasonable remedy within a reasonable period of time; and failure or omission the part of the Landlord to furnish any of same shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. Landlord reserves the right to temporarily interrupt, curtail, stop or suspend the furnishing of heating, air conditioning, or the operation of such systems, when necessary by reason of unforeseen accident or emergency, or for repairsSection 22 hereof).